Fire investigators with Batavia City Fire have concluded that Friday's blaze at the former Backhoe Joe's, 46 Swan St., was the blaze "ignited under circumstances when a fire should not be ignited," according to a press release.
The press release notes, "a fire declared incendiary does not indicate the crime of arson."
The investigation is being turned over to Batavia PD to determine if the fire was intentionally set or caused by some human action.
The building was without electrical or gas service.
Earlier today, the building's owner, Ron Viele, told The Batavian that there has been an issue with transients going into the building, perhaps lodging there.
"Probably what happened was a transient was in there who was trying to keep warm, and something stupid happened," Viele said.
See previously: Former Backhoe Joe's building nearly valueless, slated for demolition, wasn't insured owner says
Press release:
The City of Batavia Fire Department was dispatched to a reported working structure fire at 46 Swan St. in the City on Jan. 12, 2024, at approximately 12:11 p.m. Initial dispatch reported multiple calls of flames showing.
City Fire crews were clearing two separate EMS at the time of dispatch, and Squad 17 was the first initial unit on location. Squad 17 arrived at 12:14, reporting a 3-story wood frame structure fully involved. At that time, a second Alarm was called. Engine 12 arrived four minutes after initial dispatch and requested a third alarm.
Captain Robert Fix was the initial Incident Commander and declared defensive operations with total building collapse seven minutes after initial units arrived. City Fire Chief Joshua Graham arrived at 12:23 p.m. and assumed command of the incident.
Fire crews focused on protecting an exposed building to the south of the incident structure. Crews were initially hampered by a live power line that burnt through and fell onto a metal fence, preventing them from making entry to the rear on the incident structure.
Once the fire was knocked down, an excavator was called in from Yasses. Fire investigators worked with the excavator to slowly remove debris while working to determine a cause and origin.
City of Batavia Fire Investigators believe that the fire spread through ventilation holes. No utilities were operational to the structure in preparation of demolition. Fire Investigators have ruled the fire incendiary. Incendiary fires are defined as fires ignited under circumstances when a fire should not be ignited.
City Fire has completed its portion of the investigation. It is important to note that a fire declared incendiary does not indicate the crime of arson. City Police will continue to investigate.
There were no injuries as a result of this incident.
City Fire would like to thank City DPW, City Police, Genesee County Office of Emergency Management, Genesee County Dispatchers, the Town of Batavia, Elba, Stafford, Pavilion, and Oakfield Fire Departments, Mercy EMS, National Fuel, National Grid, and Salvation Army for their assistance and support.
